Motorola Mobility, Inc. v. Apple, Inc.

Filing 124

NOTICE by Motorola Mobility, Inc. of Filing Unredacted Brief and Unredacted Exhibits 32 and 36 (Attachments: # 1 Memorandum, # 2 Exhibit 32, # 3 Exhibit 36)(Giuliano, Douglas)

Exhibit 32
to Motorola’s Responsive Claim Construction Brief
August 18, 2011

In The Matter Of:
MotorolaȱMobility,ȱInc.
vs.
Apple,ȱInc.
ȱȱȱ___________________________________________________

BasȱOrding
Augustȱ3,ȱ2011
ȱȱȱ___________________________________________________
ȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱȱ

CONFIDENTIAL

EXHIBIT 32
PAGE 1

Confidential
Bas Ording
August 3, 2011
Page 1
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF FLORIDA
Case No. 1:10cv023580-Civ-UU
MOTOROLA MOBILITY, INC.,
Plaintiff,
vs.
APPLE INC.,
Defendant.
______________________________/
APPLE INC.,
Counterclaim Plaintiff,
vs.
MOTOROLA, INC. and.
MOTOROLA MOBILITY, INC.,
Counterclaim Defendants.
______________________________/

Deposition of
BAS ORDING
Volume I, Pages 1-198
Wednesday, August 3, 2011

CONFIDENTIAL

REPORTED BY:

JOHN WISSENBACH, RDR, CRR, CBC, CCP,
CLR, CSR 6862

Merrill Corporation - Chicago
[phone]
www.merrillcorp.com/law
EXHIBIT 32
PAGE 2

3545dcf4-0fd1-407a-8009-e4659f0eac14

Confidential
Bas Ording
August 3, 2011
Page 64
14:35:53

1

14:35:55

2

screen, a gesture is defined as a -- as the movement

14:36:00

3

of the user's contact along the touch screen?

14:36:05

4

14:36:10

5

14:36:12

6

14:36:13

7

that -- it could be.

14:36:16

8

BY MR. PASTOR:

14:36:16

9

Q.

Are you aware --

14:36:16

10

A.

But it could be other things, too.

14:36:19

11

Q.

Such as?

14:36:20

12

A.

Like I said before, it could -- like

14:36:22

13

14:36:23

14

Q.

14:36:26

15

screen?

14:36:26

16

A.

14:36:31

17

things.

14:36:31

18

Q.

14:36:36

19

14:36:38

20

14:36:40

21

14:36:44

22

14:36:46

23

gestures can be different things, in my opinion.

14:36:48

24

BY MR. PASTOR:

14:36:49

25

Q.

With regard to interacting with a touch

MS. HO:

Objection; vague, legal

conclusion.
THE WITNESS:

Yeah, from my perspective,
That could be true.

tapping or -Tapping could be a gesture with the touch

It could.

A gesture can be different

Tapping would still be repeated contact,

though, right?
MS. HO:

Objection; vague, and to the

extent it mischaracterizes.
THE WITNESS:

Q.

Right.

Well, what I'm saying is

Well, but regard --

Merrill Corporation - Chicago
[phone]
www.merrillcorp.com/law
EXHIBIT 32
PAGE 3

3545dcf4-0fd1-407a-8009-e4659f0eac14

Confidential
Bas Ording
August 3, 2011
Page 65
14:36:49

1

A.

So --

14:36:50

2

Q.

-- with regard to interacting with a touch

14:36:53

3

screen.

14:36:55

4

"gesture" that you may have in your head, which my

14:36:59

5

questions are limited to just interacting with a

14:37:01

6

touch screen.

14:37:07

7

movement of the user has to be continuous contact;

14:37:18

8

is that correct?

14:37:18

9

14:37:21

10

14:37:22

11

Q.

Right.

14:37:24

12

A.

So --

14:37:24

13

Q.

I'm not saying that it is, either.

14:37:29

14

My -- the definition I posed to you didn't require

14:37:32

15

that the contact be continuous.

14:37:34

16

A.

Okay.

14:37:34

17

Q.

With that understanding in mind, would you

14:37:38

18

agree now that with regard to interacting with the

14:37:41

19

touch screen, that it would be the movement of the

14:37:44

20

user's contact with the touch screen?

14:37:47

21

14:37:53

22

14:37:53

23

14:37:54

24

just about movement, either.

14:37:57

25

BY MR. PASTOR:

A.

Forget the normal, you know, meaning of

And so you're not saying that the

Yeah, I'm saying that it doesn't

necessarily have to be continuous contact there.

MS. HO:

And I'm not --

Right.

Objection; vague, calls for a

legal conclusion.
THE WITNESS:

Well, I'm not sure if it's

Merrill Corporation - Chicago
[phone]
www.merrillcorp.com/law
EXHIBIT 32
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